Sr. No.

Conditions Relating to Your Use of This website

1.     

 

Eligibly of use

2.     

 

Your Account

3.     

 

Offer/Invitation to offer

4.     

 

Your Conduct

5.     

 

Pricing and display

6.     

 

Quantity Restrictions

7.     

 

Cancellations

8.     

 

Fraudulent /Declined Transactions

9.     

 

E-Platform for Communication

10.  

 

Reviews, comments, communications and other content

11.  

 

International orders

12.  

 

Access to shreemahavir.in

13.  

 

Claims against Objectionable Content

14.  

 

Copyright, authors' rights and database rights

15.  

 

Intellectual Property Claims

16.  

 

Trademarks

17.  

 

Privacy

18.  

 

Website Security

19.  

 

Indemnity and Release

20.  

 

Other Businesses

21.  

 

Alteration of Service or Amendments to the Conditions

22.  

 

Disclaimer

23.  

 

Events beyond our reasonable control

24.  

 

Governing law and Jurisdiction

25.  

 

Entire Agreement

26.  

 

Our Software Terms

 


 

Terms and conditions of use

Welcome to the Shreemahavir.in (“Website”) service provided by this website is owned and operated by Shree Mahavir Mart.

By using this website, you signify your consent to be bound by these conditions. In addition, when you use any current or future shreemahavir.in service, you will also be subject to the terms, guidelines and conditions applicable to that Service. We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible. Please read these conditions carefully before using the website every time.

These "Conditions of Use" constitute an electronic record within the meaning of the applicable governing laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The following terminology applies to these Terms and Conditions, Privacy policy and Disclaimer Notice and all Agreements: “You”, “Your” and “User” refers to you (“The Customer who avail our services”), the person log on this website and compliant to our terms and conditions. “Ourselves”, “We”, “Our” and “Us”, refers to us, the service provider by us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Conditions Relating to Your Use of shreemahavir.in

1.           Eligibly of use

Use of the Website is available only to persons who can validly enter into binding legal contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If your age is below 18 years you are prohibited to use/purchase/contract from/with this website. Such persons are also prohibited from purchasing any material which is for adult consumption the sale or purchase of which to/by minors are strictly prohibited. Shree Mahavir Mart reserves the right to terminate your membership and refuse to provide you with access to the website if Shree Mahavir Mart discovers that you are under the age of 18 years and not capable to undertake a binding contract.

2.           Your Account

If you use the website, you are responsible for maintaining the confidentiality of your account and password and any activities that occur under your account. You must ensure that your password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Shree Mahavir Mart shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

If we have reason to believe that there is likely to be a breach of security or misuse of account that you have set up with us, we may require you to change your password or we may suspend your account and/or take any legal actions, without any liability to Shree Mahavir Mart.

Please ensure that the details you provide to us are correct and complete and you will inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you have provided to us with in the ‘Your Account’ area of the website.

You agree and acknowledge that you will use your account on the website to purchase products only for your personal use and not for business purposes.

Shreemahavir.in reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you. The website is not available to persons whose membership has been suspended or terminated by Shreemahavir.in for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

3.           Offer/Invitation to offer

All products and information displayed on Shreemahavir.in (“Website” or “Shreemahavir.in”) constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. Shreemahavir.in reserves the right to accept or reject your offer in part or in full.

 

4.           Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not shreemahavir.in, are responsible for all electronic communications and content sent from your computer to us. You must not use the website for any of the following:

·              For fraudulent purposes, or in connection with a criminal offense or other unlawful activity prohibited by law and social customs.

·              to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam

·              to cause annoyance, inconvenience or needless anxiety

5.           Pricing and display

Shree Mahavir Mart has taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described and are subject to change with change in policy or market rate or schemes prevailing.  However, while doing so, not often, typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Shreemahavir.in shall have the right, at our sole discretion, to  cancel any orders placed for that product and notify you the about it.

Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Shreemahavir.in will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation on your available email address.

All prices are displayed inclusive of GST and if there is an extra collection separately it will disclosed accordingly.

Packaging may vary from display uploaded on the website. The weights, dimensions and capacities given are approximate and as provided by the manufacturer. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.

6.           Quantity Restrictions

Shreemahavir.in reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household, per order, per company/firm etc. These restrictions may be applicable to orders placed by the same account, and also to orders that use the same billing and/or shipping address.

We will provide notification to the customer/user should such limits be applied. Shreemahavir.in also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.

7.           Cancellations

a.            Cancellation by Shreemahavir.in

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will inform you if all or any portion of your order is cancelled or if additional information is required to accept your order.

b.           Cancellations by the customer

You may cancel your order or some items in your order before we dispatch the items. In case we receive a cancellation notice and the order has not been processed /approved/dispatched by us, we shall cancel the order. The customer agrees not to dispute the decision made by Shreemahavir.in and accept Shreemahavir.in decision regarding the cancellation.

8.           Fraudulent /Declined Transactions

Shreemahavir.in reserves the right to recover the cost of goods, collection charges, processing charges and lawyer’s fees and all the other ancillary expenses from persons using the Website fraudulently. Shreemahavir.in reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.

9.           E-Platform for Communication

When you visit the Website or send emails to us, you are communicating with us electronically and also, you consent to receive communications from us electronically. Private communication, including email correspondence, is not regulated by Shree Mahavir Mart. Shree Mahavir Mart encourages its Users to be professional, courteous and respectful when communicating by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

However, Shree Mahavir Mart will investigate and can take action on certain types of unwanted emails that violate Shree Mahavir Mart policies. Such instances:

a.            Threats of Bodily Harm - Shree Mahavir Mart does not permit Users to send explicit threats of bodily harm.

b.           Misuse of Shree Mahavir Mart System - Shree Mahavir Mart allows Users to facilitate transactions through the Shree Mahavir Mart system, but will investigate any misuse of this service.

c.            Spoof (Fake) email - Shree Mahavir Mart will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through 'Contact Us' tab.

d.           Spam (Unsolicited Commercial email) - Shree Mahavir Mart's spam policy applies only to unsolicited commercial messages sent by Shree Mahavir Mart Users. Shree Mahavir Mart Users are not allowed to send spam messages to other Users.

e.            Offers to Buy or Sell Outside of Shree Mahavir Mart - Shree Mahavir Mart prohibits email offers to buy or sell listed products outside of the Shree Mahavir Mart Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Shree Mahavir Mart policy prohibits user-to-user threats of physical harm via any method including, phone, email and on our public message boards.

10.        Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.

If any communication from your side is found to be as above, you shall be liable to be dealt with under the prevailing laws & compensate shreemahavir.in for the loss/damages incurred.

In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. shreemahavir.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of shreemahavir.in violates these Conditions of use and, or terminate your permission to access or use this website.

Shree Mahavir Mart does not want to receive confidential, proprietary or trade secret information through this Website (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to Shreemahavir.in will be deemed non-confidential.

If you do post content or submit material, and unless we indicate otherwise, you

a.            grant Shree Mahavir Mart and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and full rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

b.           Shree Mahavir Mart and its affiliates the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Shree Mahavir Mart, including the execution of deeds and documents, at its request.

You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Shreemahavir.in and its affiliates from all claims resulting from any Comments you submit. Shreemahavir.in and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Shreemahavir.in’s right to any Comments shall survive any termination of this User Agreement.  Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.

11.       International orders

At Present our services are limited only to India. Except where additional terms and conditions are provided which are product specific and if you are ready to bear the cost of international shipping, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.

12.        Access to shreemahavir.in

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction but will be subject to restriction on account of any Government announcement / restriction of operation on internet or on account of any act of god services may suffer.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose of Shree Mahavir Mart and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Shree Mahavir Mart.in and its affiliates. You may not use any Meta tags or any other "hidden text" utilising Shree Mahavir Mart's or its affiliates' names or trademarks.

13.        Claims against Objectionable Content

Because shreemahavir.in lists numerous products for sale offered by vendors on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, shreemahavir.in operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, , please notify us immediately at info@shreemahavir.in. Once you notify us, shreemahavir.in will make all reasonable efforts to remove such Objectionable Content complained about within a reasonable time.

14.        Copyright, authors' rights and database rights

All rights, including copyright, software, all content and compilation of all content included on the website is the exclusive property, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned by or licensed to Shree Mahavir Mart. You may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute or modify the same from this website for any purpose, and violation of any of the above will be subject to legal actions.

You may not systematically extract/ or re-utilize parts of the contents of the website and in particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website. You may not copy or store any content form this website in whole or part other than for your own personal, non-commercial use is prohibited without the permission of Shree Mahavir Mart.

You may use information on the products purposely made available on the Website for downloading, provided that you

a.            do not remove any proprietary notice language in all copies of such documents,

b.           do not make any additional representations or warranties relating to such documents.

15.        Intellectual Property Claims

Shree Mahavir Mart respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please fill the “Notice of Infringement” form and contact us at info@shreemahavir.in.

Shree Mahavir Mart has put in place Shree Mahavir Mart Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in Shree Mahavir Mart's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

Only the verified intellectual property rights owner can report potentially infringing products or listings. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.

Shree Mahavir Mart does not and cannot verify that vendors operating store on shreemahavir.in have the right or ability to sell or distribute their listed products. However, Shree Mahavir Mart is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to Shree Mahavir Mart.

16.       Trademarks

Marks indicated on our website are trademarks or registered trademarks of shreemahavir.in (collectively "Shree Mahavir Mart"),. Shreemahavir.in's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Shree Mahavir Mart. Shree Mahavir Mart's trademarks and trade dress may not be used in connection with any product or service that is not Shree Mahavir Mart's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Shree Mahavir Mart. All other trademarks not owned by Shree Mahavir Mart that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Shree Mahavir Mart.

17.        Privacy

Please review our Privacy Notice, which also governs your visit to shreemahavir.in, to understand our practices. The personal information / data provided to us by you during the course of usage of shreemahavir.in will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

18.       Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,

a.            Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;

b.           Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

c.            Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, 'flooding,' 'spamming', 'mail bombing' or 'crashing;'

d.           Sending unsolicited email, including promotions and/or advertising of products or services;

e.            Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

f.            Violations of system or network security may result in civil or criminal liability under the prevalent Laws.

g.           You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website.

Shreemahavir.in will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

19.       Indemnity and Release

You shall indemnify and hold harmless Shree Mahavir Mart, their respective officers, directors, agents and employees, from any claim, liabilities, damages, losses, costs and expenses or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party which may result in any loss or liability to Shreemahavir.in.

You hereby expressly release Shree Mahavir Mart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

This clause shall survive the expiry or termination of this User Agreement.

20.       Other Businesses

Parties other than Shree Mahavir Mart may operate stores, or sell product lines on shreemahavir.in. For example, businesses and individuals offer products via Marketplace. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Shree Mahavir Mart does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that while purchasing products from vendor operating store at shreemahavir.in, that Shree Mahavir Mart is only a facilitator and is not and cannot be a party to or control in any manner any transactions. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the vendors on shreemahavir.in.

At no time shall Shree Mahavir Mart hold any right, title or interest over the products nor shall Shree Mahavir Mart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Shree Mahavir Mart is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

21.       Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

22.        Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes.

In case of purchase from vendor operating store on our website, we shall neither be liable nor responsible for any actions or inactions of vendors nor any breach of conditions, representations or warranties by the vendor of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the vendor of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products and related graphics are provided as is, without warranty of any kind.

The Website provides content from other Internet websites or resources and while Shreemahavir.in tries to ensure that material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this is not the case.

To the fullest extent permitted under applicable law, Shreemahavir.in or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website, its services or this User Agreement.

23.       Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

24.       Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. The Courts at Jamnagar District in Gujarat State of India shall have exclusive jurisdiction in any proceedings arising out of this agreement. The High Court of judicature at Gujarat alone shall have the jurisdiction and the Laws of India shall apply.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the Shree Mahavir Mart and you hereto, the same shall be referred to an independent arbitrator who will be appointed by Shree Mahavir Mart out of three arbitrator list given to you and the cost of arbitration shall be borne by you and the decision of that arbitrator shall be binding. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Jamnagar.

25.       Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Shreemahavir.in and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Shreemahavir.in. Shreemahavir.in's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

26.       Our Software Terms

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with our services.